Student Conduct

Student Conduct Code

University of Hawaiʻi System-wide Student Conduct Code Executive Policy 7.208 effective March 2019.

Introduction

The purpose of the Student Conduct Code is outlined in EP 7.208 relating to the University of Hawaiʻi (UH) Systemwide Student Conduct Code. At UH-Hilo, this Code includes standards for the ways in which members of the UH Hilo community interact with each other in the pursuit of both academic excellence and social responsibility and the policies set forth in this Code are intended to serve primarily as an extension of UH Hilo’s educational mission where students, faculty and staff share responsibility for the university's growth and continued welfare.

Specifically for students to join the UH Hilo community obligates each to abide by this Code of Conduct. As members of the UH Hilo community, students accept the responsibility to become fully acquainted with UH Hilo’s rules and to comply with UH Hilo’s authority. The University expects students to maintain standards of personal integrity that are in harmony with the educational goals of the institution; to respect the rights, privileges, and property of others; and to observe national, state and local laws, and University policies and procedures.

UH Hilo views the disciplinary process as a learning experience which aims to promote growth and understanding of one’s responsibilities and privileges within the UH Hilo environment. To this end, the disciplinary process attempts to balance an understanding and knowledge of students and their needs with the needs of the academic community. Pursuit of a college education provides an opportunity for exploration of new ideas, experimentation, self-examination, formation of new relationships, and development of ideals and direction. However, UH does not absolve students from accepting responsibility for their behavior in their pursuit of a college education. Rather, it reaffirms the principle of student freedom that is coupled with an acceptance of responsibility for one’s actions and the consequences of such actions.

Pursuant to the U.S. Department of Education Regulations implementing the Drug-Free Schools and Communities Act Amendments of 1989, the University of Hawaii Hilo outlines the policy and regulations related to drug and alcohol use within this Code of Conduct.

Definitions

  1. Registered Independent Organization (RIO) refers to a student organization, association, or club that has been formed to meet special interests of certain groups of students on campus.
  2. Reporting Party refers to any person who submits an alleging that a student violated this Student Conduct Code. When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same recourse under this Student Conduct Code as are provided to the Reporting Party, even if another member of the UH community submitted the charge.
  3. Responding Party refers to any student (defined under this policy) accused of violating this Student Conduct Code.
  4. Senior Student Affairs Officer means the campus administrator (i.e., dean or vice chancellor or designee) who is in charge of the division of student affairs, and generally charged by the campus Chancellor to be responsible for the administration of the Student Conduct Code. At UH-Hilo, this charge rests with the Vice Chancellor for Student Affairs, Dr. Farrah-Marie Gomes .
  5. Student means all persons registered in courses at UH, either full-time or part-time, pursuing undergraduate or graduate studies. In addition, for purposes of this Student Conduct Code only, this Code also applies to: (1) students who have been suspended or dismissed, students who withdraw after allegedly violating the Student Conduct Code and may return to UH, students who are on a leave of absence from UH, or students who are on medical leave; and (2) persons who (a) have been notified of their admission and (b) have registered or officially participated in orientation or other officially recognized UH activities.
  6. Student Conduct Administrator means a UH official authorized on a case-by-case basis by the Senior Student Affairs Officer to impose sanctions upon any student(s) found to have violated the Student Conduct Code. The Senior Student Affairs Officer may authorize a Student Conduct Administrator to serve simultaneously as a Student Conduct Administrator and the sole member or one of the members of the Student Conduct Board. The Senior Student Affairs Officer may authorize the same Student Conduct Administrator to impose sanctions in all cases. At UH Hilo, the Student Conduct Administrator is the Associate Vice Chancellor for Student Affairs and Dean of Students, Dr. Chris Holland who can be reached at cjh2020@hawaii.edu or at (808) 932-7472.
  7. Student Conduct Board means any person or persons authorized by the Senior Student Affairs Officer to determine whether a student has violated the Student Conduct Code and to recommend sanctions that may be imposed when a rules violation has been committed.
  8. UH encompasses any campus or site within the University of Hawai’i system.
  9. UH community member includes any person who is a student, faculty member, UH official or any other person employed by UH. A person’s status in a particular situation shall be determined by the Senior Student Affairs Officer.
  10. UH official includes any person employed by UH, performing assigned administrative or professional responsibilities.
  11. UH premises include all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by UH (including adjacent streets and sidewalks).
  12. The term "shall" is used in the imperative sense.
  13. The term "may" is used in the permissive sense.

Student Conduct Code Authority

  1. This Student Conduct Code applies at all locations of UH, including any affiliated residence hall.
  2. The Student Conduct Administrator shall determine the composition of Student Conduct Boards and Appellate Boards and determine which Student Conduct Board, Student Conduct Administrator and Appellate Board shall be authorized to hear each matter.
  3. The Senior Student Affairs Officer shall develop policies for the administration of the student conduct system and procedural rules for the conduct of Student Conduct Board Hearings that are not inconsistent with provisions of the Student Conduct Code.
  4. Decisions made by a Student Conduct Board and/or Student Conduct Administrator shall be final, pending the appeal process.
  5. At the Student Conduct Board Hearing and for purposes of any appeal, the technical rules of evidence applicable to civil and criminal cases shall not apply.

Proscribed Conduct

Jurisdiction of the UH Student Conduct Code

  1. On University property; or
  2. Outside of University property if:
    • the conduct was in connection with a University-sponsored program or activity; or
    • the conduct may have a continuing adverse effect or could create a hostile environment on campus.

The Senior Student Affairs Officer shall decide whether the Student Conduct Code shall be applied to conduct occurring off campus (including but not limited to the use of social media and other electronic forums), on a case-by-case basis, in their sole discretion.

Conduct—Rules and Standards

The following are examples of the types of behavior that conflict with the community standards that UH values and expects of students. Engaging in, or attempting to engage in any of these behaviors subjects a student to the disciplinary process and sanctions on each campus.

  1. Acts of dishonesty, including but not limited to the following:

    1. Cheating, plagiarism, or other forms of academic dishonesty. Cheating is an act of academic dishonesty and includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the UH faculty, staff or student body; and (4) engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.

      Plagiarism is also an act of academic dishonesty and includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.

    2. Furnishing false information to any UH official, faculty member, or office.
    3. Forgery, alteration, or misuse of any UH document, record, or form of identification.
  2. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other UH activities, including its public service functions on or off campus, or of other authorized non-UH activities when the conduct occurs on UH premises. This includes creating noise or other disturbances on campus or in student life areas sufficient to disrupt the normal functioning of campus activities including classroom instruction.
  3. Any conduct that threatens or endangers the health or safety of any person including but not limited to, physical abuse, verbal abuse, threats, intimidation, harassment, bullying, coercion, stalking as defined below. (For any conduct that is sexual or romantic in nature and committed by a current or former partner of an intimate, romantic, or sexual relationship, or is related to an individual’s actual or perceived sex or gender, sexual orientation, gender identity or gender expression, refer to EP 1.204 for detailed information.)
    1. Threat is written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
    2. Intimidation is implied threats or acts that cause a reasonable fear of harm in another.
    3. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally, and are not protected by freedom of expression.
    4. Stalking is two or more acts of unwanted and harassing behavior, directed at a specific person that is sufficiently serious to cause physical, emotional, or psychological fear or to create a hostile, intimidating or abusive environment.
    5. Physical abuse is intentionally or recklessly causing physical harm or endangering the health or safety of any person.
    6. Verbal abuse is shouting or yelling in a threatening or hostile manner and/or use of abusive or belligerent language.
    7. Harassment is sufficiently severe, pervasive (or persistent) and objectively offensive conduct that unreasonably interferes with, limits or denies the ability to participate in or benefit from the University/College’s educational program or activities.
    8. Hostile Environment is when unwelcome harassment is sufficiently severe, pervasive (or persistent) and objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from the University/College’s educational program or activities.
    9. Coercion is intentionally compelling or inducing another person to engage in conduct from which another has a legal right to abstain, or to abstain from conduct in which another has a legal right to engage, by threatening with words or conduct to take some negative action that may impact the other person. In this context, some examples of “negative action” include, but are not limited to: causing bodily injury, causing property damage, physical confinement or restraint, or revealing information that is sought to be concealed.
  4. Creation of health and/or safety hazards, e.g., dangerous pranks, hanging out of or climbing from/on/in windows, balconies, roofs.
  5. Sex discrimination and/or gender-based violence as defined in EP 1.204.
  6. Discrimination of any person based on UH protected classes as defined in EP 1.202.
  7. Attempted or actual theft of UH property or the personal property of another individual or entity, including goods, services and other valuable, on or off campus, and/or knowingly maintaining possession of stolen property.
  8. Intentional, reckless and/or unauthorized damage to or destruction of UH property or the personal property of another individual or entity.
  9. Hazing is an act that endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for the continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act; both are violations of this rule.
  10. Failure to comply with any directions of UH officials or law enforcement officers acting in performance of their duties and/or failure to provide identification to these persons when requested to do so.
  11. Unauthorized possession, duplication, or use of keys/keycards/security mechanisms to any UH premises or unauthorized entry to or use of UH premises, including trespassing, propping or unauthorized use of doors for entry into or exit from a UH building.
  12. Violation of any UH policy, rule, regulation, contract, or agreement published in hard copy or available electronically on any UH website.
  13. Violation of any federal, state, or local law.
  14. Use, possession, manufacturing, or distribution, or other unauthorized use of controlled substances or paraphernalia except as expressly permitted by law. Controlled substances include but are not limited to marijuana, methamphetamine, narcotics, and opioids.
  15. Use, possession, manufacturing, distribution, or being under the influence of alcoholic beverages (except as expressly permitted by UH System Policies, state or federal law), or public intoxication while on any UH premise or at any UH sponsored event or ancillary site. Alcoholic beverages may not, in any circumstance, be used, possessed, or distributed to any person under twenty-one (21) years of age.
  16. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on UH premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
  17. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of UH and/or unreasonably infringes on the rights of other members of the UH community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
  18. Obstruction of the free flow of pedestrian or vehicular traffic on UH premises or at UH sponsored or supervised functions.
  19. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on UH premises or at functions sponsored by, or participated in by, UH or members of the academic community.
  20. Complicity involves action or inaction with another or others to violate the Student Conduct Code, and may be assumed when a student is present during a policy violation. The student may be held responsible for the underlying policy violation(s).
  21. Violation of local, state, federal or campus fire policies including, but not limited to:
    1. Intentionally or recklessly causing or attempting to cause a fire which damages or is intended to damage UH or personal property or which causes or is intended to cause injury.
    2. Failure to evacuate a UH-controlled building during a fire alarm.
    3. Improper or reckless use of UH fire safety equipment.
    4. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on UH property.
  22. Theft or other abuse of computer and other electronic facilities and resources, including but not limited to:
    • Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
    • Unauthorized transfer of a file.
    • Use of another individual's identification and/or password.
    • Use of computing facilities and resources to interfere with the work of another student, faculty member, of UH official.
    • Use of computing facilities and resources to send obscene or abusive messages.
    • Online harassment of members of the UH community.
    • Use of computing facilities and resources to interfere with normal operation of the UH computing system.
    • Use of computer facilities and resources in violation of copyright laws.
    • Any unauthorized use of electronic or other devices to make an audio or video record of any person while on UH premises without their prior knowledge, or without their consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
    • Any violation of any UH computer use policy, including but not limited to EP 2.210.
  23. Abuse of the Student Conduct Code system or other related UH processes, including but not limited to:
    • Failure to obey the notice from a Student Conduct Administrator, UH official, or Student Conduct Board to appear for a meeting or hearing.
    • Falsification, distortion, or misrepresentations of information before a Student Conduct Administrator, UH official, or Student Conduct Board.
    • Disruption or interference with the orderly conduct of any proceeding.
    • Attempting to discourage an individual’s participation in, or use of, the Student Conduct Code System or other related UH processes.
    • Attempting to influence the impartiality of a Student Conduct Administrator, UH official, or Student Conduct Board prior to, and/or during the course of, the Student Conduct Code System or other related UH processes.
    • Harassment (verbal or physical) and/or intimidation of a Student Conduct Administrator, UH official, or Student Conduct Board prior to, and/or during the course of, the Student Conduct Code System or other related UH processes.
    • Failure to comply with imposed sanction(s).
    • Influencing or attempting to influence another person to commit an abuse of the Student Conduct Code System or other related UH processes.
  24. Retaliation. UH prohibits and will not tolerate retaliation as defined in EP 7.205. Retaliation is adverse actions taken against a person because of their good faith participation in the following types of protected activities:

    1. Seeking advice or assistance about a Student Conduct Code or systemwide sanction concern;
    2. Opposing or filing an informal or formal complaint regarding an alleged violation of this policy;
    3. Testifying, assisting, or participating in an investigation or other proceeding related to an alleged violation of this policy.

    Adverse actions are actions that would dissuade a reasonable person from making or supporting a complaint under this policy. A retaliation complaint, allegation, or report will be reviewed as a separate offense under this policy; that is, a student can be found responsible for retaliation even if not found to be responsible for the underlying reported Student Conduct Code violation.

    Additionally, UH prohibits and does not tolerate retaliation as defined in EP 1.204.

  25. Violation of Residence Hall Rules and/or Policies: Violation of residence hall rules and/or policies where the violation also involves some aspect of this Student Conduct Code, may subject the student to disciplinary procedures under this Student Conduct Code.

Note--There are special temporary policies, guidelines, and regulations in place around COVID 19 that, if violated, will be heard through the Student Conduct Code authority and processes (see COVID Policies).

Violation of Law and UH Discipline

  1. UH disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings at the discretion of the Senior Student Affairs Officer. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

  2. When a student is charged by federal, state, or local authorities with a violation of law, UH will not request or agree to special consideration for that individual because of their status as a student. If the alleged offense is also being processed under the Student Conduct Code, UH may advise off-campus authorities of the existence of the Student Conduct Code and of how such matters are typically handled within the UH community. UH may cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). In the event of law enforcement and/or government agency enforcement of laws and regulations, UH may, as appropriate, adjust any Student Conduct Code investigation and/or proceeding so as not to interfere or unduly prejudice the law enforcement process. Individual students and other members of the UH community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Procedures

Student Rights and Responsibilities: A Framework for Addressing Conduct

The University of Hawaii Hilo is its own community, within a larger community (Hilo and Big Island) and system (UH), and has a culture driven by the values of its members (students, faculty, staff, alumni, etc.). The values of the community define the standards under which we expect members to live, learn, and work together in the pursuit of growth, development, and learning. These values have been defined by the Federal Government, the State and County of Hawaii, the University of Hawaii System, the local communities on the island, and through the membership at the University of Hawaii Hilo itself.

We believe students, as members of the UH Hilo community, have rights and responsibilities in their living and learning environment. We also believe that students must be held accountable in the choices that they make. Thus if a student makes a mistake, acts out, harms self or others or the community at large—all of these behaviors impact not only the student and potential victim(s) but also the larger campus and surrounding community as well. Therefore, the only way to heal the community, and its members, is through a restorative justice approach.

Reporting of Violations

Any UH community member may rile an incident report outlining alleged violations of the Student Code of Conduct. All reports of violations of the Student Conduct Code shall be submitted to the Student Conduct Administrator (SCA) by email from a hawaii.edu address, via Submitting an Incident Report or in-writing, signed by the complainant or reporting person. The SCA at UH Hilo is the Associate Vice Chancellor for Student Affairs and Dean of Students (AVCSA/DOS), Dr. Chris Holland ; in the absence of the AVCSA/DOS, reports should be directed to the Vice Chancellor for Student Affairs (VCSA). Reports should be submitted as soon as possible after the event in question occurs. In emergency or exigent situations, the SCA may proceed initially without a written report.

While an anonymous complaint may not trigger a student conduct investigation, a pattern of anonymous complaints against an individual or student organization may indicate a potential problem and the Student Conduct Administrator may take remedial action such as training, if appropriate. Additionally, potential violations of the Student Code of Conduct must be reported to the SCA, or designee, within 120 days of the incident occurring. Exceptions to this can be made at the discretion of the SCA.

Investigation of Violations

Upon receiving a report that an alleged violation of the Student Conduct Code has occurred, the SCA may conduct an investigation to determine if the allegations have merit and/or if they can be resolved administratively by mutual consent of the parties involved on a basis acceptable to the SCA. If it is found that the alleged behavior does not constitute a potential violation of the Student Code of Conduct, the SCA, or designee, may dismiss the matter or refer the matter through the student conduct process. In matters where there is evidence to suggest a violation may have occurred, the student(s) accused of the misconduct will be notified in writing of the alleged violations and provided an opportunity to meet with the SCA, or designee, to discuss the alleged violations and next steps. Additionally, the SCA, or designee, has the authority to render a decision and impose sanctions if an accused student chooses not to respond to the alleged violations or otherwise participate in the process. Otherwise, the student will be routed to one of the three potential tracks for adjudication in the matter.

All three tracks are educational in design to address the alleged violation and behaviors involved:

  • A restorative justice approach
  • Adjudication by a board of their peers (Student Adjudication Board)
  • Adjudication by administration meeting (for serious cases where a restorative justice mindset cannot apply and/or where student is unwilling to participate in process).

As part of their rights, students would be given a due process form to fill out prior to their hearing/review regardless of how the situation is routed.

Students may be assisted by an advisor of their choice, at their own expense. The advisor may be a member of the campus community and may not be an attorney unless provided otherwise herein. Advisors are allowed to be present but cannot speak or participate directly on behalf of a student involved in the process. If the alleged responding party is also the subject of a pending criminal matter that arises from the same circmustances, they may be allowed to have an attorney serve as their advisor, at their own expense, to behave in the same manner as the advisor above. If an attorney is present as an advisor, an attorney from the Office of General Counsel may be also be present to assist the SCA, or designee, as needed.

Learning Outcomes

Some of the learning outcomes that we expect students will gain through this restorative justice process include: critical thinking skills, effective interpersonal and intrapersonal communication; multicultural competence through an understanding and appreciation of different viewpoints, cultures, backgrounds, and people; active citizenship; practical competence; leadership and interpersonal competence; and many more. In fact, as a result of engaging in the judicial process, students will:

  • Understand how the standards (Code of Conduct) support the University community and form the basis for behavioral expectations
  • Articulate the reasoning behind their behavioral choices and decisions effectively using verbal and written communication
  • Evaluate positive and negative courses of action critically and proficiently
  • Recognize how behaviors impact others and their greater responsibility as a member of the University community
  • Identify skills, strategies, and resources that are likely to assist them in avoiding future violations of the Student Conduct Code

How to Prepare for the Student Conduct Process

Students are encouraged to consider the following:

  • Review the Student Conduct Code for a thorough understanding of policies, standards, and procedural rights
  • Read your hearing notice letter carefully as it will provide information to help you take the next steps. If you need accommodations during your hearing, please contact the Office of Disability Services.
  • Request a copy of your incident report prior to the hearing. This is not automatically provided but can be upon request.
  • Come to the hearing prepared to honestly describe your involvement in the incident in your own words.
  • Consider whether you wish to have an advisor present, to have witnesses called, or if you need to supply evidence (paperwork, texts, videos, etc.)
  • If you have any questions at all , please contact the hearing officer or the Associate Vice Chancellor for Student Affairs and Dean of Students Office.

Process for Dealing with Academic Dishonesty

In cases of suspected or admitted academic dishonesty, the instructor shall attempt to discuss the matter with the student. The instructor may bring the situation to the attention of the department chairperson, the student’s advisor, division chairperson, and/or appropriate academic dean. In cases where the student admits that s/he was responsible for an act of academic dishonesty, the instructor may, within the context of the course:

  • Require the student to re-do the assignment
  • Give a failing or reduced grade for the assignment
  • Give a failing or reduced grade for the course

If the student contests his/her responsibility, the instructor may not take action against the student but must refer the case to the Student Conduct Administrator for administrative hearing and disposition under this Code. The SCA may pursue such matters as a disciplinary action under this Code if, after a preliminary investigation, it is his/her determination that it is more likely than not that the student is responsible for academic dishonesty.

Sanctions

Sanctions may be imposed upon a student found responsible for violating the Student Conduct Code. More than one sanction may be imposed for a single violation. When a student organization is found responsible for violating the Student Conduct Code, the University may take action not only against the individual student(s) involved, but also against the organization itself. Sanctions imposed on student organizations may include any of the sanctions listed in this Student Conduct Code, as well as deactivation, i.e., the loss of all privileges, including University recognition, for a specified period of time. Sanctions may also be effective on another campus within the System.

Written Reprimand

A notice in writing to the student that s/he has violated institutional regulations and that continuation of specified behavior may be cause for more severe disciplinary sanctions.

Probation

A written notice placing the student on disciplinary probation for a specified period of time. The period of time and any conditions of the probation will be decided in each case. If a student, while on disciplinary probation is found responsible for additional or repeated violations of this Code, the student will be subject to further disciplinary action. While on probation, the student is expected to demonstrate the ability to function as a responsible member of the campus community.

Loss of Privileges

A student or student organization is denied specified privileges normally associated with student status or student organization status, such as participation in or sponsorship of university activities, use of university facilities or services, or living in university housing.

Restitution

Reimbursement for damage to or misappropriation of property which may take the form of direct financial compensation, service, or other forms of indirect compensation.

Other Sanctions

Work assignments, essays, and/or service to the University, counseling, participation in alcohol or other drug education programs, restorative justice activities, or other assignments imposed at the discretion of the SCA.

Suspension

Exclusion from classes and from other privileges or activities or from the campus for a specified period of time, after which the student is eligible to return. The SCA may specify conditions for readmission that the student would need to meet or comply with in order to be eligible to return.

Dismissal

Termination of student status for an indefinite period. The SCA may specify conditions for readmission that the student would need to meet or comply with in order to be eligible to return.

Rescission of Grades or Degree

The cancellation of grades or the revocation of an awarded degree as the result of academic dishonesty or the discovery of a material misrepresentation relating to the completion of course or degree requirements.

Withholding Degree

Withholding the awarding of a degree otherwise earned until the completion of a Student Conduct Code process, including the completion of all sanctions imposed, if any.

Interim Suspension/Removal/Ban

In certain circumstances, the SCA, or their designee, may temporarily suspend, remove, or ban a student, including from the residence halls, and/or from a particular class prior to his/her investigation and decision. Interim suspension, removal, or ban may be implemented provided that a hearing pursuant to these procedures is conducted within a reasonable period thereafter.

  • Interim suspension may be imposed for the following reasons, including but not limited to: a) to ensure the safety and well-being of members of the University community or preservation of University property; b) to ensure the student’s own physical or emotional safety and well-being; c) if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University; or d) to ensure the orderly business of the University.
  • During the interim suspension, a student will be denied access to the residence halls and/or to the campus (including classes) and/or all other University facilities, activities, or privileges for which the student might otherwise be eligible, as the SCA determines to be appropriate.
  • The interim suspension does not replace the regular disciplinary process described in this Student Conduct Code.
  • If, after investigation, it is determined that the student did not violate the Student Conduct Code, consideration will be granted so that the student may be allowed to make up any missed academic work.

It is important to note that the interim suspension, removal, or ban from the residence halls, campus, class, or activity will be in place for as long as the SCA, or designee, deems necessary to properly investigate and/or to hear the student's conduct proceeding. Interim suspensions, removals, and bans are not appealable and are not permanent as they are in place pending final outcome of an investigation/conduct proceeding. Questions around this may be directed to the SCA, and or their designee.

Appeal of Administrative Decision

A student may appeal an administrative decision. An appeal must be submitted in writing to the SCA postmarked within ten (10) school days of the date of the written decision. The appeal must be based on one or more of the following criteria:

  • New Information: To consider new information, sufficient to alter a decision, or other relevant facts not brought out in the investigation, because such information and/or facts were not known to the student appealing at the time of the investigation.
  • Procedural Error: To determine whether the SCA’s investigation conformed to proscribed procedures in light of the complaint and the information presented, and in conformity with proscribed procedures.
  • Substantive Facts: To determine whether the decision reached was based on information that, if believed by the SCA, was sufficient to establish that a violation of the Student Conduct Code occurred.

Interpretation and Revision

Any question of interpretation or application of the Student Conduct Code will be referred to the SCA for final determination.

Student Conduct Records

Disciplinary sanctions will not be made part of a student’s permanent academic record (transcript), but will become part of a student’s disciplinary record. Disciplinary records will be retained by the Office of Student Conduct for a minimum of five (5) years from the date of the final disposition of the case. After the five (5) year period has been reached, records will be purged.

Note: Statistical data may be retained but any information that would identify an individual will be removed. The Office of Student Conduct will permanently retain cases that involve the imposition of the sanctions of residence hall expulsion, suspension, dismissal, rescission of a degree, or withholding of a degree.

Records and information regarding student disciplinary proceedings are considered confidential and are subject to the provisions of the Family Education Rights and Privacy Act (FERPA).

Contact Information

Subject Matter Experts: Office of the Associate Vice Chancellor for Student Affairs and Dean of Students, Dr. Chris Holland who can be reached at (808) 932-7472.

References

Federal and state laws, rules and/or regulations: Jeanne Clery Disclosure of Campus Security Policy & Campus Crime Statistics Act, as amended; the Violence Against Women Act, as amended; Title IX of the Education Amendments of 1972, as amended; Hawaiʻi Revised Statutes (HRS) Chapter 586 (Domestic Abuse Protective Orders); and HRS Chapter 707 (Offenses Against the Person); Hawaiʻi Administrative Rules Title 20, Chapter 2 (Statement on the Rights and Responsibilities of the Community)

Updated August 12, 2021